Man says he found condom in his soup

July 21, 2009 12:00:00 AM PDT

MISSION VIEJO, Calif. --

In a court filing, a man alleges that he found a condom in his soup at an Orange County restaurant.The plaintiff in the case states the incident occurred during a brunch with his family on Easter while dining at a Claim Jumper restaurant in Mission Viejo. In a statement, the restaurant says the claim is without merit and that they will fight the allegation.

The plaintiff in the case, his wife, and their 18-year-old daughter arrived at the restaurant shortly before noon when the incident occurred. The court filing reads, "As he ate the soup, the family was engaged in conversation. Suddenly, he felt what he believed was tough cheese on one side of his mouth. When he could not chew it into pieces, Phillip commented to his family that if felt like rubber. He then spit it out, spooned it onto a napkin, at which time his wife said, 'Oh my God, it's a condom.'"

Testing of the condom by companies hired by both the plaintiff and Claim Jumper revealed female DNA.

In a statement dated July 22, 2009, representatives for Claim Jumper said, "We have found no evidence to support any of the allegations." The statement goes on to say that because the condom was taken with the plaintiff on April 12, and was not submitted to an independent lab until June 1, Claim Jumper "could not establish that this was the same object the lab received."

The statement goes on to say all female employees at the Claim Jumper restaurant were tested to determine if there was a DNA match. Claim Jumper says the plaintiff in the case was also asked to take a DNA test but failed to appear for his appointment on July 20.

The court filing does not specify what monetary damages the plaintiff is seeking, but says that as a result of the incident, the man has had emotional distress and been required to obtain medical services, medication, drugs and blood tests.

The filing also states the plaintiff "hoped to resolve the issue amicably and prior to taking legal action," but was frustrated by the progress of the investigation after three months.